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(영문) 의정부지방법원 2019.08.28 2019고단554
업무방해등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant has committed the following crimes under the status that he/she has a weak ability to discern things or make decisions due to compilation, reproduction, etc.:

1. On January 24, 2019, around 13:30 on January 24, 2019, the Defendant obstructed the Victim C’s banking business operations for about 10 minutes by exercising force, such as: (a) the names of employees and wounded in a bank; (b) the names of employees and wounded in a bank without any reason; and (c) sounding.

2. On January 24, 2019, the Defendant interfered with the performance of official duties by the police officer with respect to the handling of reporting 112, such as: (a) the Defendant, at the place specified in the foregoing paragraph (1) on January 13:46, 2019; (b) the Defendant, at the police officer affiliated with the Jung-gu Police Station E Zone E-gu, called out after having received a report of the said C 112; (c) the Defendant saw the arms of the said police officer on several occasions; and (d) the price the inside of the said

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. C’s statement;

1. Application of F Assault photographs and investigation reports (D CCTV data verification)-related Acts and subordinate statutes;

1. Relevant Article 136(1) of the Criminal Act, Article 314(1) of the Criminal Act, and Article 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for one month to seven years and six months;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Interference with Business) (Interference with Business) [Type 1] Interference with Business (Type 1] - Reduction element: - Reduction element of mental disability (not in person in person in person in person in person in person in person in person in person in person in person in person in person in person in person in person in person): Reduction area of mental disability (not in person in person in person in person in person

B. No. 2 crime (determination of the type of obstruction of performance of official duties) is an area of recommendation that there is no obstruction of performance of official duties or coercion of official duties [No. 1].

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